Alexander Landau, 21, was hospitalized when he was 19 years-old after he was stopped by Denver Police. Landau at his attorney's office, Tuesday May 3, 2011, was given a $795,000 settlement after beating during a traffic stop by police. RJ Sangosti, The Denver Post

BEATING20-- Alexander Landau, 21, came forward, Friday August 20, 2010, about what he said is another case of Denver Police going to fare. Landau outside his attorney's office reflects on being hospitalized, when he was 19 years-old, after he was stopped by Denver Police. RJ Sangosti / The Denver Post

The heads of Denver’s Police Department have delayed a discipline decision in the alleged police brutality case of Alexander Landau, so the FBI can complete its investigation into the 2009 incident.

“We have been informed by the FBI of an investigation to determine if any civil rights violations occurred,” Chief Robert White and Manager Alex Martinez said in a joint statement this morning. “It is our understanding this Department of Justice investigation is not a pattern-and-practices civil investigation into the Denver Police Department; rather it is a criminal investigation into the actions of the individual officers involved in the Landau case.”

The police department’s internal affairs bureau has completed its investigation into Landau’s allegations, but White will not make a recommendation on discipline to Martinez until the federal investigation is complete.

Under normal circumstance, White would make his recommendation and Martinez, who heads the police, sheriff’s and fire departments, would consider whether to sustain the complaint, which could lead to termination or other punishment, or find that the officers did nothing wrong.

“Because we will continue to be careful to reach the right resolution we will not proceed without the opportunity to consider any additional information resulting from the DOJ investigation,” White and Martinez said in their statement.

Landau’s lawyer, John Holland, said the further delay of a case that has gone unresolved for more than three years is unwarranted and unnecessary.

“What Denver does to discipline its officers administratively should not depend upon what the federal government decides about bringing a civil rights charge,” Holland said in an email.

In a telephone interview, Martinez said it is “prudent” to wait until the FBI completes its review. “I think it would be imprudent of us to make the decision at this time without the benefit of any information the feds may bring or uncover. Chief and I want to get this right. Delay vs. accuracy? I’m going for accuracy.”

Martinez said he found out about the federal criminal investigation a few weeks ago.

Landau sued the city in federal court, saying three police officers tried to cover up a beating in January, 2009 that left him scarred and suffering persistent neurological damage. The officers hit Landau with their fists, flashlights and a radio, according to the suit. The city settled that suit for $795,000.

Police Internal Affairs finished an investigation of the case in February of 2009, Martinez said. The case was closed and Independent Monitor Richard Rosenthal signed off on it, a signal it was thorough and complete. After Landau’s civil suit was settled, the IA investigation was reopened.

Police say Landau reached for one of their guns during a stop for allegedly making an illegal left turn. Officer Ricky Nixon told an investigating detective that he saw the bloody imprint of a hand on Officer Tiffany Middleton’s gun after the arrest, according to Landau’s suit.

Middleton cleaned the blood off her weapon, Nixon told the detective, according to Landau’s suit. The suit goes on to say that Middleton never claimed that Landau touched her gun and never reported wiping the blood evidence off.

A general assignment reporter for The Denver Post, Tom McGhee has covered business, police, courts, higher education and breaking news. He came to The Post from Albuquerque, N.M., where he worked for a year and a half covering utilities. He began his journalism career in New York City, worked for a pair of community weeklies that covered the west side of Manhattan from 14th Street to 125th Street.

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